Recently, Huanrun Law Firm was involved in a patent invalidation case between a domestic pharmaceutical enterprise and an overseas pharmaceutical enterprise, and successfully assisted the domestic enterprise in having the opponent’s entire patent right declared invalid.

This patent invalidation case concerns the field of biomedicine, specifically antibodies and acidic variant compositions thereof. Focusing on how to identify the various acidic variants involved in the patent in suit, Huanrun Law Firm conducted a thorough analysis. Based on full discussions with the client, and centering on the argument that the acidic variants are essentially impurities in the composition, the team put forward a series of invalidation grounds, aiming to comprehensively challenge the patentee.

After the oral hearing, the Collegial Panel issued a decision declaring the entire patent right invalid. In its decision, the Collegial Panel further clarified the examination standard for product claims or use claims that define impurity content.Specifically, for a product claim or a use claim defining impurity content, if the product is prepared by the same conventional preparation method as the closest prior art, the only difference lies in the characterization of the type and content of impurities, the method for determining such impurities and their content is conventional, and the definition of impurities and content does not bring about unexpected technical effects to the product or its use, then the product claim or its use claim lacks inventiveness.

In handling this case, Huanrun Law Firm adhered to its consistent philosophy:"Sincerity and integrity, benefiting others as well as ourselves; striving for excellence and pursuing perfection."With craftsmanship and professional standards, the firm provided high-quality professional services to the client, while also contributing its professional expertise to establishing examination standards for the biomedicine industry.